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Fence and Residential Curtilage Extension — Approved

A 1.8m close-boarded timber fence repositioned to align with the property boundary, extending the residential garden — on a site within Flood Zone 3 and adjacent to a public road. Granted retrospective consent.

🏢 LPA · Dover District Council
📑 Boundary Treatment · Curtilage
✅ Status · Approved

The starting point

Our client erected a 1.8 metre close-boarded timber fence and repositioned it to follow the actual property boundary, effectively extending the area of their residential curtilage. The work had been done without prior planning permission and the site sat in Flood Zone 3 with an adjacent unclassified highway and a private driveway nearby. The combination of unauthorised work, flood risk designation and highway sensitivities meant a retrospective application was required to put the position right.

The planning case

This is a case where each of the council's likely concerns needed to be addressed head-on. There was no single knockout argument — the work would stand or fall on whether we could engage every relevant policy properly.

The questions we had to answer

  • Local and national planning policy. Did the proposal align with Dover's Core Strategy and the National Planning Policy Framework's design principles?
  • Flood risk. What was the impact, if any, of a small boundary treatment on a Flood Zone 3 site?
  • Visual and design compatibility. Did the new fence sit comfortably with the established residential character of the area?
  • Highway safety. Did the fence affect visibility from the adjacent road or the private driveway?

The strategy

Our planning statement worked through each of the four issues in order. On policy alignment, we demonstrated that the proposal complied with the relevant Core Strategy provisions and the NPPF chapters on residential amenity and design. On flood risk, we showed that a small-scale, modest boundary treatment had no impact on local flood risk — the structure does not impede water flow, does not introduce impermeable surfacing, and does not change the character of the floodplain. On design, we evidenced material continuity with the existing boundaries on the surrounding properties. On highway safety, a careful sightline analysis confirmed that adequate visibility splays were retained at the adjacent road and the private driveway.

Alongside the planning statement, the application included full existing and proposed plans, photographic evidence and a focused design and access statement.

The drawings

Alongside the planning statement, we prepared and submitted a full set of scaled architectural drawings — site location plan, block plan, and existing and proposed elevations and floor plans where relevant — giving the case officer a clear, accurate and measurable picture of the development to assess against policy.

Outcome — Approved

Dover District Council granted retrospective planning permission, accepting that the development complied with planning objectives and recognising the social benefits of the enhanced privacy and outdoor space without any adverse environmental, visual or safety impacts.

Could your case be in the same place?

Boundary treatments and small curtilage extensions are some of the most common retrospective cases — and the rules around them are some of the least intuitive, particularly on flood-sensitive sites or near highways. If you've had a council letter about a fence, wall, gate or boundary realignment, the first conversation with us is free.

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